(1)In addition to the acknowledgment of instruments and the performance of other
notarial acts in the manner and form and as otherwise authorized by law,
instruments may be acknowledged, documents attested, oaths and affirmations
administered, depositions and affidavits executed, and other notarial acts
performed before or by any commissioned officer in active service of the armed
forces of the United States or any such officer performing inactive-duty training
with the equivalent rank of second lieutenant or higher in any component part of
the armed forces of the United States, by or for any person who is a member of the
armed forces of the United States, or is serving as a merchant seaman outside the
limits of the United States included within the fifty states and the Distric
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(1)
In addition to the acknowledgment of instruments and the performance of other
notarial acts in the manner and form and as otherwise authorized by law,
instruments may be acknowledged, documents attested, oaths and affirmations
administered, depositions and affidavits executed, and other notarial acts
performed before or by any commissioned officer in active service of the armed
forces of the United States or any such officer performing inactive-duty training
with the equivalent rank of second lieutenant or higher in any component part of
the armed forces of the United States, by or for any person who is a member of the
armed forces of the United States, or is serving as a merchant seaman outside the
limits of the United States included within the fifty states and the District of
Columbia, or is outside said limits by permission, assignment, or direction of any
department or official of the United States government, in connection with any
activity pertaining to the prosecution of any war in which the United States is then
engaged.
(2) Such acknowledgment of instruments, attestation of documents,
administration of oaths and affirmations, execution of depositions and affidavits,
and performance of other notarial acts, whenever made or taken, are hereby
declared legal, valid, and binding, and instruments and documents so
acknowledged, authenticated, or sworn to shall be admissible in evidence and
eligible to record in this state under the same circumstances and with the same
force and effect as if such acknowledgment, attestation, oath, affirmation,
deposition, affidavit, or other notarial act had been made or taken within this state
before or by a duly qualified officer or official as otherwise provided by law.
(3) In the taking of acknowledgments and the performing of other notarial
acts requiring certification, a certificate indorsed upon or attached to the
instrument or document that shows the date of the notarial act and that states, in
substance, that the person appearing before the officer acknowledged the
instrument as his or her act or made or signed the instrument or document under
oath or affirmation shall be sufficient for all intents and purposes. The instrument
or document shall not be rendered invalid by the failure to state the place of
execution or acknowledgment.
(4) If the signature, rank, and branch of service or subdivision thereof of any
such commissioned officer appears upon such instrument or document or
certificate, no further proof of the authority of such officer so to act shall be
required, and such action by such commissioned officer shall be prima facie
evidence that the person making such oath or acknowledgment is within the
purview of this section.
(5) If any instrument is acknowledged substantially as provided in this
section, whether such acknowledgment has been taken before or after February 27,
1943, such acknowledgment shall be prima facie evidence of proper execution of
such instrument and shall carry with it the presumptions provided for by section 38-35-101, C.R.S.